Wisconsin Circuit Court Access (WCCA)

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1 Wisconsin Circuit Court Access (WCCA) Marina Bay Boat Rentals, Inc. et al vs. City of Lake Geneva et al Walworth County Case Number 2009CV Court Record Events Date Event Court Official Court Reporter Court of Appeals decision & order affirming Verification from Court of Appeals Notification of Filing of Circuit Court Record Transmittal of record to court of appeals Statement on transcript additional Notice of compilation of record Verification from Court of Appeals Notice of Appeal and Circuit Court Record Statement on transcript Notice of appeal transmittal Notice of appeal Notice of entry of judgment Judgment after motion Race, John R Judgment Race, John R Order for judgment Race, John R Decision Race, John R Brief Page 1 of 13

2 Brief of defendant City of Lake Geneva in support of its motion for summary judgment & in opposition to summary judgment motion of plaintiffs Brief Plaintiffs supplemental brief on summary judgment motions Affidavit Supplemental affidavit of Terry Johnson Affidavit Supplemental affidavit of Attorney Lisle W Blackbourn in response to July 19, 2010 affidavit of Dennis Jordan Brief Plaintiffs brief in response to defendant City of Lake Geneva's July 20,2010 letter Brief Order Race, John R. Denying Plaintiffs' Motion to Strike July 19, 2010, Affidavit of Dennis Jordan and July 20, 2010 Letter Brief of Defendant, City of Lake Geneva Motion hearing Race, John R. Matoska, Linda 2:00 p.m. Court in session. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Lisle W Blackbourn in court for Plaintiff Pamela Johnson, Plaintiff Terry Johnson, and Plaintiff Marina Bay Boat Rentals, Inc.. Attorney Lisle W. Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Blackbourn argues plaintiffs' motion to strike affidavit and letter brief. Attorney Waskowski explains his affidavit and letter brief. Court denies motion to strike and needs arguments for his decision to strike. Attorneys will file briefs and will enter into an agreement as to due dates. Attorney Blackbourn will prepare order from today's hearing. 2:31 p.m. Court adjourned, minutes filed Affidavit of Ted Waskowski Affidavit of Donna Kudick Page 2 of 13

3 Affidavit of Julie Strait Affidavit of Michael J Frazier Affidavit of Attorney Lisle W. Blackbourn Notice of motion, motion Plaintiffs notice of motion & motion to strike July 19, 2010, affidavit of Dennis Jordan & July 20, 2010, letter brief of defendant City of Lake Geneva Transcript Matoska, Linda Summary Judgment Motion July 7, Transcript Matoska, Linda Summary Judgment Motion July 27, Motion hearing Race, John R. Matoska, Linda 1:15 p.m. Court in session on continued cross motions for summary judgment. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Attorney Lisle Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Blackbourn and Attorney Waskowski argue their motions. Court takes matter under advisement. Attorneys will provide a briefs summarizing today's arguments. 3:40 p.m. Court adjourned, minutes filed Brief City of Lake Geneva's Letter Brief Affidavit of Dennis Jordan Page 3 of 13

4 Motion hearing Race, John R. Matoska, Linda 3:08 p.m. Court in session. Plaintiff Terry Johnson in court with attorney Lisle W Blackbourn. Plaintiff Pamela Johnson in court with attorney Lisle W Blackbourn. Attorney Lisle Blackbourn in court for Third party defendant Harbor Cove Condominium Association, Inc. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc., Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Blackbourn and Attorney Waskowski argue their motions. Court continues matter to July 27, 2010 at 1:15 p.m. 4:12 p.m. Court adjourned, minutes filed Response/reply Plaintiff's Response Opposing Defendant's Motion for Summary Judgment Response/reply Plaintiffs' Response to Defendant's Statement of Undisputed Facts Brief of plaintiff Plaintiffs' Reply Brief in Support of Motion for Summary Judgment Affidavit of Susan K. Allen Response/reply City of L.G. Responsse to Plaintiffs' Statement of Undisputed Facts and Conclusions of Law in Support of Summary Judgment Response/reply City of L.G. Response to Plaintiffs' Brief in Support of Mlotion for Summary Judgment Affidavit Affidavit of Terry Johnson in support of plaintiffs motion for summary judgment Other papers Page 4 of 13 Plaintiffs statement of undisputed facts & proposed conclusions of law in support of summary judgment

5 Affidavit of Kristine M Purcell in support of plaintiffs motion for summary judgment Affidavit of Attorney Lisle W Blackbourn in support of plaintiffs motion for summary judgment Brief Plaintiffs brief in support of motion for summary judgment Notice of motion, motion for summary judgment Other papers Appendix to city of Lake Geneva's motion for summary judgment Other papers City of Lake Geneva's proposed undisputed facts & proposed conclusions of law Brief City of Lake Geneva's brief in support of motion for summary judgment Notice of motion, motion City of Lake Geneva's notice of motion & motion for summary judgment Order Race, John R. on Motions to Strike and Compel Answer and affirmative defense Third-party defendants answer & affirmative defenses to counterclaim & third party complaint Response/reply Page 5 of 13

6 and affirmative defenses to counterclaim of defendant, City of Lake Geneva Scheduling conference Race, John R. Matoska, Linda Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc.. Attorney Susan K. Allen in court for Defendant City of Lake Geneva. Attorney Ted Waskowski in court for Defendant City of Lake Geneva. Attorney Lisle W Blackbourn in court for Plaintiff Terry Johnson. Attorney Lisle W Blackbourn in court for Plaintiff Pamela Johnson. Attorney Daniel S Draper in court for Third party plaintiff City of Lake Geneva. Attorney Michael J. Frazier in court for Third party defendant Harbor Cove Condominium Association, Inc. Re Motion to strike counterclaim and third party complaint filed by City of Lake Geneva, Atty Blackbourn makes his argument. Atty Draper argues for extension of time. Denied for the reasons stated on the record. Re Motion to compel discovery, lengthy discussion. Denied, complied. Harbor Cove is in as a party. Re Scheduling conference - Court will not set scheduling dates. Court asks attorneys to file motions for summary judgment. Court sets motion for summary judgment Thursday, July 7, 2010 at 3:00 p.m. 10:25 a.m. Court adjourned, minutes filed Brief Plaintiffs reply brief in support of second motion to compel Affidavit of Ted Waskowski Other papers City of Lake Geneva's opposition to plaintiffs second motion to compel discovery Affidavit of Attorney Daniel S Draper Notice of motion, motion to extend time to file counterclaim & third party complaint Response/reply Response to plaintiffs & third party defendants notice to motion & motion to strike counterclaim & third party complaint & extend time to answer Notice of motion, motion Page 6 of 13

7 Plaintiffs & third party defendants notice of motion & motion to strike counterclaim & third party complaint & extend time to answer Affidavit of Michael J. Fraizer in Support of Plaintiffs' Second Motion to Compel Discovery Notice of motion, motion Plaintiffs' Notice of Second Motion and Second Motion to Compel Discovery Third party summons & complaint City of Lake Geneva rd party filing fee paid Amount $ R Scheduling order Race, John R. First (partial) Scheduling conference Race, John R. Matoska, Linda 9:30 a.m. Court in session. Here on 2 cases: 97CV325 abd 09CV624. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. Attorney Ted Waskowski and Attorney Richard Yde in court via phone for Defendant City of Lake Geneva. Attorney Daniel Draper appears for City of Lake Geneva in 97CV325. Atty Draper asks the court to reopen 97CV325. Granted and court signs order. The two cases were consolidated for discovery purposes and trial. Court sets scheduling dates and deadlines. Court adjourns scheduling conference to April 12, 2010 at 9:30 a.m. Clerk to send partial scheduling order. 9:50 a.m. Court adjourned, minutes filed Affidavit of Richard C Yde in support of Bill of costs Notice of taxation of costs Page 7 of 13

8 Scheduling data sheet Daniel Draper Scheduling data sheet Lisle W Blackbourn Scheduling data sheet Susan K Allen Party dismissed Race, John R. Event Party Fesenmaier, Mary Jo; Roehrer, Penny ; Krohn, Arleen ; Spellman, Tom ; Tolar, Donald Order Race, John R. Dismissing plaintiff's first 3 causes of action for declaratory judgment, breach of contract, and injunctive relieve as to Fesenmaier, Roehrer, Krohn, Spellman and Tolar. Consolidating this case with 97-CV Order Race, John R. for Scheduling Information and Questionnaire Order Race, John R. on October 5, 2009 Hearing Transcript Schulz, Janet L Motion Hearing October 5, Other papers Plaintiff's Exhibit Summary for October 5, 2009, Hearing on Defendants' Motion to Dismiss Motion hearing Race, John R. Schulz, Janet L Page 8 of 13

9 1:30 p.m. Court in session on 2 cases 1997-CV-325 and 09-CV-624. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. with Terry & Pam Johnson. Attorney Daniel S Draper in court for Defendant City of Lake Geneva. Attorney Richard C Yde in court for Defendant Mary Jo Fesenmaier. Attorney Richard C Yde in court for Defendant Penny Roehrer. Attorney Richard C Yde in court for Defendant Arleen Krohn. Attorney Richard C Yde in court for Defendant Tom Spellman. Attorney Richard C Yde in court for Defendant Donald Tolar. Atty Blackbourn's motion for discovery is withdrawn. Responses have been received. Atty Yde discusses his motion to dismiss 4th cause of action as to some defendants and motion to dismiss action in its entirety. Atty Blackbourn discusses his visual aids and drawings of Lake Geneva regarding plaintiff's efforts to obtain discovery and requests defendants' motions be denied. Atty Yde argues his motion. Court dismisses as to individual alderpersons. Court continues this matter for continued discovery and motion to dismiss. Only City of Lake Geneva will remain as a defendant. Attorney Blackbourn to prepare order. This order should resolve the pending dispute as to the language in the proposed order from August 3, :21 Court adjourned, minutes filed Brief Reply Brief in Support of Defendants' Motion to Dismiss Amended Complaint Brief Reply Brief of Defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman and Donald Tolar in Support of Motion to Dismiss Brief Plaintiffs brief opposing individual defendants motion to dismiss amended complaint Brief Plaintiffs response brief opposing defendants motion to dismiss amended complaint Transcript Matoska, Linda August 3, Amended notice of motion Brief in support of defendants motion to dismiss amended complaint Notice of motion Page 9 of 13

10 & defendants motion to dismiss amended complaint Brief Brief of defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman & Donald Tolar in support of motion to dismiss Notice of motion, motion of individual defendants to dismiss Amended Plaintiffs amended notice of motion & motion to compel discovery Answer Answer to plaintiffs amended complaint Motion hearing Race, John R. Matoska, Linda 2:30 p.m. Court in session. Attorney Lisle W Blackbourn in court for Plaintiff Marina Bay Boat Rentals, Inc. and president Terry Johnson. Attorney Daniel S Draper in court for Defendant City of Lake Geneva. Attorney Richard C Yde in court for Defendant Mary Jo Fesenmaier. Attorney Richard C Yde in court for Defendant Penny Roehrer. Attorney Richard C Yde in court for Defendant Arleen Krohn. Attorney Richard C Yde in court for Defendant Tom Spellman. Attorney Richard C Yde in court for Defendant Donald Tolar. Defendant Mary Jo Fesenmaier in court. Defendant Tom Spellman in court. Here on 4 motions: Defendants' motion to dismiss plaintiff's complaint, defendants' motion to dismiss individual defendants, defendants' motion for protective order, and plaintiff's motion to compel discovery. Discussion as to stipulation and order in this and other cases. Amended complaint was filed, Atty Yde says he'll need to file another motion to dismiss that. Court orders his file consolidated with other related case (97cv325). Court allows city to answer amended complaint. Court finds city officers are not proper parties to any of these cases and dismisses them from the action. All other motions are delayed until answers to amended complaint. Court sets future motion date for at 1:30 p.m.. Atty Blackbourn to prepare order from today's hearing. 3:05 Court adjourned, minutes filed Judicial transfer Race, John R Amended complaint Brief Defendants response Brief opposing defendants motion to dismiss complaint Page 10 of 13

11 Brief Plaintiffs brief regarding motion to dismiss individual defendants Affidavit of Atty Lisle W. Blackbourn in support of plaintiffs motion to compel discovery Notice of motion, motion Plaintiffs notice of motion & motion to compel discovery Brief in support of motion for protective order Notice of motion, motion for protective order Memorandum of law Defendants' memorandum of Law in Support of Motion to Dismiss Plaintiff's Complaint Notice of motion, motion Defendants' Motion to Dismiss Plaintiff's Complaint Memorandum of law Defendants Mary Jo Fesenmaier, Penny Roehrer, Arleen Krohn, Tom Spellman & Donald Tolar's memorandum of Law in support of motion to dismiss plaintiffs complaint Notice of motion, motion to dismiss individual defendants Stipulation and Order Race, John R Answer of all defendants Page 11 of 13

12 Affidavit of service 5/5/09 Tom Spellman Affidavit of service 4/29/09 Mary Jo Fesenmaier Affidavit of service 4/28/09 Donald Tolar Affidavit of service 4/28/09 Arleen Krohn Affidavit of service Penny Roehrer 4/28/ Notice of Appearance For defendants Affidavit of service City of Lake Geneva by Artis Roenspies all initiating documents on 4/27/ Notice of motion, motion for temporary restraining order Notice of motion, motion to consolidate Affidavit of Donald Clark Affidavit Page 12 of 13

13 Court Record Events for 2009CV in Walworth County of Terry W. Johnson in support of plaintiffs motion for Temporary Restraining order Filing fee paid 09R Amount $ Summons and complaint Page 13 of 13 Generated on at 11:14 am

CIRCUIT COURT BRANCH 4

PAGE 01 1 STATE OF WISCONSIN 2 CIRCUIT COURT BRANCH 4 WALWORTH COUNTY 3 4 STATE OF WISCONSIN ex. rei. et ai, 5 6 7 8 -vs- Plaintiffs, Case No. 09-CV-1346 10 9 William Chesen, et ai, 11 Defendants. 12 13